Artists’ copyrights are the linchpin of music law. There are a large number of parties involved and an even greater range of contracts concluded between them. We advise musicians, bands, managers, labels, agencies and other music companies on contract drafting, in the event of infringements and on all other questions relating to the production and marketing of musical works.
FAQ music law
What many people don’t know is that when they form a band, they automatically form a partnership under civil law (GbR for short). A professional partnership agreement for the band helps to avoid disputes and to advance the band as a whole. How are decisions made in the event of a dispute? Who represents the band externally? What happens if a member doesn’t show up for a performance? A band contract is particularly important if the band breaks up. If clear and appropriate regulations weren’t made when the band was founded, disputes are inevitable. Who owns the right to the band’s name? Can a member be forced to leave the band? What happens to the band’s assets? We’ll be happy to help you draw up a contract that’s right for your band.
As a musician, you have extensive copyrights to your musical works. These include, for example, the right of reproduction, the right of distribution, the right of broadcasting, the right of making available to the public, the right of reproduction via sound recordings, and the right of recitation, performance and presentation.
If you are a co-author as a band member, you can only jointly control your copyrights. However, if there is a violation of rights, you can also take action against the infringer on your own.
If you want to commercialize one of your copyrights, you can do so. You are free to decide which usage rights you want to grant to your contractual partner and how. It is advisable to conclude a written license agreement regarding the usage rights. This ensures legal certainty in the event of a dispute. We are happy to help you draw up a license agreement that is tailored to your individual needs.
The artist contract regulates the legal relationship between the artist and the label. The musician grants the label the rights to use the recording. He also usually has a right to co-determination, e.g. he can decide which tracks will be included in the album. In return, the label covers the production costs. The musician also receives a share of the profits.
The band contract or label contract regulates the relationship between the artist and a label. The artist grants the label exploitation rights, as in the artist contract. In return, the label undertakes to market the sound recordings. The artist receives an appropriate share of the economic success. In contrast to the artist contract, the label does not cover the production costs and therefore has no right of co-determination and the artist’s financial share of the sales is higher. Merchandising, sponsorship and tour and concert services should also be regulated.
Musicians can sell their copyrights directly to a company like Spotify, Google Play or iTunes through a distribution agreement. This saves them the costs of using a label.
If someone violates one of the above rights without your consent, you have several claims against the infringer. You can assert these by issuing a warning to the infringer. The warning must be formulated very precisely in order to be effective, which is why it is advisable to seek legal advice for this.
There are other potential contracts in music law that can help you with your career. For example, you can look for a manager who will advise and support you. For this, you should sign a management contract. You can also look for an agency that will represent you and advertise for you. Booking agencies can help you arrange gigs. You should also sign an engagement contract with the organizer for a gig. These relationships should also be contractually secured. In order to protect your interests as best as possible, we are happy to help you draw up these contracts.
Musicians and brands
What is often overlooked is that as a musician you actually want to build a brand. It doesn’t matter whether you perform under an artist name or want to be known under your own name. Don’t forget to protect your name as a trademark! As one of Germany’s leading law firms in trademark law, we will of course also advise you on the important area of trademark registration.
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Music law attorney
Dr. David Slopek has more than 10 years of intensive practical experience gained in Germany and abroad. After completing his studies, obtaining a Master of Laws and a doctorate at Heinrich-Heine-University-Düsseldorf, he was admitted to the bar by the Düsseldorf Bar Association in 2012. He learned his legal craft from scratch in a leading international law firm, for which he worked for around seven years in Alicante and Hamburg. In 2016, the Hanseatic Bar Association of Hamburg awarded him the title of specialist lawyer for intellectual property law. In addition to his professional qualifications, he has also published extensively, with over 80 specialist publications. He and his team will advise you with expertise and experience in all matters of trademark law.
